logo

Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.





Copyright Notice: We don't think much of copyright, so you can do what you want with the content on this blog. Of course we are hungry for publicity, so we would be pleased if you avoided plagiarism and gave us credit for what we have written. We encourage you not to impose copyright restrictions on your "derivative" works, but we won't try to stop you. For the legally or statist minded, you can consider yourself subject to a Creative Commons Attribution License.


back

Flash of Genius

The new movie, Flash of Genius, from its previews, looks awful--glorifying intermittent windshield wiper inventor Robert Kearns's use of the patent system to shake down the auto industry for $30M.

After all, it was already well known that existing windshield wipers were problematic--for example, "the blades often scraped across a windshield that was nearly dry. The resultant friction made an annoying sound and tore up the blades' edges." The solution was also obvious: "A solution that occurred to a number of inventors was an intermittent system one that would wipe, pause for a few seconds, then wipe again."

In 1963, Kearns came up with one way to do this, patented it, and eventually sued Ford and Chrysler for using a similar design. "Ford's legal team argued that Kearns's patents were overly broad and therefore invalid. As Ted Daykin, a former Ford engineer, told The New Yorker in a 1993 article, 'An electronic timing device was an obvious thing to try next. How can you patent something that is in the natural evolution of technology?' The intermittent wiper, according to Daykin, was really the work of dozens of anonymous engineers at Ford, Trico, and other firms." Kearns won anyway--"$10.2 million from Ford in 1990 and $18.7 million from Chrysler in 1995, though both juries determined that the companies had not intentionally infringed on his patents."

This movie is sure to annoy. It's no wonder Hollywood likes it: it's pro-IP and anti-capitalism. But Randians have a dilemma--it pits one hero (innovator, patent holder) against another (industry)!

Update: GREAT comment on this at TechDirt.


Comments


Submit Comment

Blog Post

Name:

Email (optional):

Your Humanity:

Prove you are human by retyping the anti-spam code.
For example if the code is unodosthreefour,
type 1234 in the textbox below.

Anti-spam Code
UnoThreeSevenCinco:


Post



   

Most Recent Comments

IP is not a joke Bill: Absolutely. Parody and satire are protected under fair use. Mad Magazine (among many

IP is not a joke Couldn't it be used under the fair use

Goldman does in AIG, you, and me Predatory Lending is a major contributor to the economic turmoil we are currently

Common Sense Seth - I'm not sure how your comment @ 5:57pm casts any illumination on your earlier position. If I

Lessig: Congress is broken and Obama has failed Anon, state granted monopolies are effectively licenses for corporations to collect taxes on

Lessig: Congress is broken and Obama has failed It does seem strange to me that when we are faced with the possibility of a 23 trillion dollar

The Patent, Copyright, Trademark, and Trade Secret Horror Files Fred, I recognise that 'natural monopoly' may have a more specialised meaning for economists, and

Lessig: Congress is broken and Obama has failed Fred, I'm doing something immediately. I'm working on the Contingency Market. this is something

The Patent, Copyright, Trademark, and Trade Secret Horror Files @Crosbie: I agree *natural monopolies* do exist, despite any tendency for SK and Bill Stepp to shut

Lessig: Congress is broken and Obama has failed I thank John Bennett for this post, and for the quality of his posts here in general. I've been